Can You File a Consent Order Yourself?
A consent order is a legal document, prepared by a solicitor with the consent of both parties to a divorce that sets out what the parties have agreed in relation to their matrimonial assets and finances.
It is the only legally binding way to separate money and assets following a divorce and ensure that any agreement reached is carried out by both parties.
It’s important to know that using a template from Google won’t be satisfactory to the Judge and would, therefore, be a waste of time and money. A consent order must be drafted by a solicitor, however, we’ll show you how to keep the costs down when dealing with your finances.
Why should I get a consent order?
It is always advised to draw a line in the sand when it comes to splitting your financial matters in a divorce.
Being granted a decree absolute in divorce proceedings does not legally separate your assets and finances and failing to obtain a financial order opens the door further down the line for claims being made.
A consent order will be necessary to sell or transfer property as well as if you want to share your pensions following a divorce.
You can also get maintenance orders for a spouse or children written into the order, so it can be enforced if the maintenance is not paid.
One of the main reasons why couples obtain a financial order is because it will stop either spouse attempting to claim for more money or assets at a later date.
Knowing that all financial ties are severed moving forward gives both parties peace of mind.
Can you draw up your own consent order?
A consent order can be filed without the assistance of a solicitor, however, the legal paperwork outlining your financial agreement must be drafted by qualified solicitors.
You may be thinking, ‘I don’t want to spend thousands sorting out my finances when we’ve already agreed the split’.
Well… this is where Divorce-Online can help you.
There’s no need to spend thousands having the paperwork drafted for you by high-street solicitors if you have already agreed how assets and finances are be separated between the parties.
Over 50,000 couples have used our Consent Order Service since 1999 to legally separate their finances without needing to attend court or spend thousands on legal fees.
You can also take our simple quiz below to find out the exact service you need.
What can be included in a consent order?
Anything in relation to your financial situation can be included in a consent order.
The court has powers to make orders for;
- Spousal/Child Maintenance
- Property sale and transfer
- The payment of lump sums of money
- Division/split of pensions
- Debt provision
- Division/split of personal belongings
Anything the court cannot specifically order can be dealt with by way of what is called an undertaking, which is a promise to the court to do something.
If this undertaking is broken the court can enforce it using contempt of court rules.
The advantages of agreeing on your finances
The main advantage is that you don’t need to go to court and argue your case before a judge, which is highly stressful and expensive!
- The agreement is amicable – If you can agree on the division of assets without needing solicitors, it can save you time, money and stress.
- No need for a court hearing – In most cases, there’s no need to attend a court hearing, especially if things are amicable and a fair split has been achieved.
- The process is quick – You should obtain your consent order within 3-5 weeks. If financial matters are drawn out, it can take years.
As long as both parties agree and the order is generally fair, the judge will grant the consent order without the need for any further hearings or correspondence.
If the judge thinks the order is unbalanced, they will usually ask the parties to write in and explain how they came to the order, and on rare occasions, they may ask the parties to attend a short hearing to make sure that both parties have entered into the consent order with full understanding.
Do I actually need a consent order?
If you are selling or transferring a property, making a pension sharing order or paying over money, then you are advised to obtain a consent order, to make sure the other party carries out what they have agreed.
Also, you will want to make sure that neither of you can go back to court at a later date and try and claim for more money, which a consent order prevents as it legally severs your financial relationship.
We’ve seen it all too often when financial matters are put off and it, unfortunately, comes back to bite one party later down the line.
Obtaining a financial court order following your divorce will ensure that the contents of the agreement are carried out.
So for example, to be sure maintenance payments are made or the house is sold and both parties receive the right share, you are advised to obtain a financial order as this will guarantee these outcomes.
Consent Order Questions, Answered.
Can I File A Consent Order Myself?
Yes, you can file a consent order with the courts yourself.
In order for the Judge to grant your order, you need to have the consent order professionally drafted by qualified solicitors. If you have agreed on the division of your financial agreement then Divorce-Online can draft this for you for just £199.
View our Consent Order Service for £199, to find out how we can help you file your own consent order.
Why Are You Cheaper Than Local Solicitors?
The reason we’ve helped over 50,000 couples legally deal with their finances is because of our low-cost, affordable fees.
Unlike high-street solicitors, we don’t believe in charging you excessive hourly-fees of £150+VAT when both parties are in agreement and you only require the drafting of the consent order.
We use technology to streamline the process of obtaining your information, so we can speed up the process of drafting the consent order for you.
What Are The Court Fees For A Consent Order?
To file a consent order, you will be required to pay the court fees, which currently stand at £50 to submit an application for a financial agreement.
This fee is set by the government and is paid when you submit your paperwork to the court. We will help assist this with you when choosing our service.
Do I Have To Go To Court?
No, you don’t need to physically attend the courts to file a consent order; it can be done via post in most cases.
Once the paperwork and court fee has been registered, you can post the signed agreement to the courts for the Judge to review.
If you are filing the consent order yourself after having it drafted for you, then make sure that you are prepared to answer any queries from the judge regarding how the agreement was made, etc.
What Can Happen If I Don’t Get a Consent Order?
Without a consent order, either party can apply to the court for financial relief at a later date.
So, even if you have reached an agreement and divided your assets, your spouse can at any time apply to the court for more than you agreed.
Whether the court would give them any more money is another matter, but the fact they can apply would cause unnecessary stress and legal costs with having to defend your settlement.